Background:

Following a recent Council Decision, temporary protection has been extended until 4 March 2026, for more than 4 million persons fleeing Ukraine. The Government of the Republic of Croatia, through the Ministry of Interior, is currently preparing amendments to the Aliens Act, which will soon be presented in parliamentary procedure. The Croatian National Contact Point to the EMN launched this ad hoc query in order to know whether other EMN Member Countries’ legislations provide alternative national statuses for persons fleeing the war in Ukraine, aside from temporary protection.

Respondents:

23 EMN Member Countries (including BE) provided a public answer to this ad hoc query.

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• A significant majority of responding countries (including BE) report that, while there is no specific alternative legal status for persons fleeing the war in Ukraine, they can apply for other types of residence permits outlined in national legislation, provided they meet the necessary criteria.

• Although discussions are ongoing, the majority of EMN Member Countries have not taken concrete steps towards creating a more permanent status before the expiration of temporary protection and are favouring an EU-wide approach. However, some Member States are currently amending their legislation to facilitate the transition to another status. In SK for example, an amended Act on Residence of Foreigners will take effect on 15 July 2024. This amendment allows holders of temporary protection in SK to apply for temporary or permanent residence directly at the Foreign Police within SK. This is a significant change for non-Ukrainian nationals who have been granted temporary protection due to their relationship with Ukrainian citizens fleeing the war, or who had international protection or permanent residence in Ukraine before 24 February 2024. These individuals previously needed a Slovak national visa to apply for residence at the Foreign Police and had to apply at accredited Slovak Embassies abroad. The same applies to Ukrainian temporary protection holders with non-biometric passports. Additional changes in the amended Act include i.a. allowing temporary protection holders to conduct business. In SI, new legislation is currently being prepared to facilitate the transition from temporary protection to a temporary residence permit. Within 8 days after the termination of temporary protection status, individuals will be able to apply to the competent authority in SI for a temporary residence permit for any purpose specified by law. In SE, a person who has been granted a residence permit under the EU Temporary Protection Directive for two years can get listed in the Swedish Population Register allowing them to get a Swedish personal identity number and access to the resources of the Swedish social insurance system as long as their stay is legalised.

Please consult the compilation of answers to the ad hoc query for more details.